Discuss about the procedure of the summary trial in CRPC.

In the Code of Criminal Procedure, 1973 (CrPC), a summary trial is a legal procedure designed for the quick and efficient disposal of cases where the offense is minor and does not require a lengthy trial process. The procedure is governed by Sections 260–265 of the CrPC. Here’s a detailed breakdown:

1. Definition

A summary trial is a trial where the procedure is simplified, and the recording of evidence is condensed. Only certain courts are empowered to conduct summary trials.

2. Jurisdiction

The following courts can conduct a summary trial:

1. Chief Judicial Magistrate (CJM).
2. Metropolitan Magistrate.
3. Magistrate of the First Class, specifically empowered by the High Court.

3. Offenses Triable Summarily

The following offenses can be tried summarily (Section 260):

1. Offenses punishable with imprisonment of up to two years.
2. Theft (Section 379, IPC), when the value of the property stolen does not exceed ₹2,000.
3. Receiving or retaining stolen property (Section 411, IPC) valued at ₹2,000 or less.
4. Assistance in the concealment of stolen property (Section 414, IPC), valued at ₹2,000 or less.
5. Offenses related to house trespass (Sections 448 and 454, IPC).
6. Insult with intent to provoke a breach of peace (Section 504, IPC).
7. Criminal intimidation punishable with imprisonment of two years (Section 506, IPC).
8. Abetment of any of the above offenses.

4. Procedure

The procedure for a summary trial includes:

1. Simplified Record-Keeping:
   • The Magistrate records only the substance of the evidence and not the full details.
   • No formal charge is required to be framed; only a brief statement of the accusation suffices.
2. Summoning Witnesses:
   • Witnesses may be summoned to give evidence, but their statements are recorded in a concise manner.
3. Hearing and Judgment:
   • The Magistrate hears the case and passes judgment swiftly.
   • If the accused pleads guilty, the Magistrate records the plea and may convict the accused on that basis.
4. Sentence Limitations:
   • The sentence in a summary trial cannot exceed three months of imprisonment or a fine exceeding ₹5,000, or both, irrespective of the punishment prescribed for the offense.

5. Appeal (Section 264)

• In cases tried summarily, if the Magistrate passes a sentence of imprisonment, a judgment must be recorded briefly, setting out the reasons.
• If the sentence is only a fine not exceeding ₹200, no appeal is allowed unless the case involves a substantial question of law.

6. Advantages of Summary Trials

• Efficiency: Quick disposal of minor cases reduces the burden on courts.
• Simplified Process: Concise recording of evidence and judgments.
• Cost-Effective: Minimizes time and resources for both the court and parties.

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